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Koscot Interplanetary, Inc. v. Zurich Insurance Co.
Citations: 580 So. 2d 318; 1991 Fla. App. LEXIS 4794; 1991 WL 87278Docket: No. 90-2135
Court: District Court of Appeal of Florida; May 28, 1991; Florida; State Appellate Court
The trial court's order dismissing the case was based on its determination that a letter dated September 12, 1989, which appellant's counsel claimed to have sent to remind the trial judge to set the case for trial, did not qualify as a pleading that would toll the one-year time limit under Rule 1.420(e) of the Florida Rules of Civil Procedure. The court acknowledged the letter's existence but incorrectly concluded that it did not represent adequate activity to warrant tolling the time period. The law stipulates that any document reflecting the case's progress can toll the time limits, and since the trial court accepted the letter's presence without questioning its authenticity, its dismissal of the case was deemed erroneous. Therefore, the order of dismissal is reversed, and the case is remanded for further proceedings.